27 CFR 478.134 exempts individual Law enforcement officers purchasing firearms for official use who provide the licensee with a certification on agency letterhead.
Before you begin the process to dispose an item to an exempt LE officer you should:
Be sure the buyer is really law enforcement. They must be an employee with the authority to carry a firearm and make arrests. Examples would be:
- City or County Police
- Sheriff's Deputy
- State Police
- Highway Patrol
- Federal LE
- There are others, but use caution
The firearm(s) must be for official business
They must have a certification letter signed by the CLEO (not a captain, lieutenant, or sergeant unless there is a delegation order) AND all of the other requirements. (see below for requirements of this letter)
- The person that signed this letter cannot be the buyer. If the CLEO is buying then their superior must sign the letter
The certification letter MUST have all of the information listed below on it to be used in lieu of a 4473 and background check.
On agency letterhead
The date of the certification letter
Your FFL name, address, city, state and zip code
The officer's name
The officer's agency name
The officers badge number
The description of the firearm
The body of the certification letter MUST have all of the information listed below on it to be used in lieu of a 4473 and background check.
A statement stating that the officer will use the firearm in official duties
A statement stating that a records check of the officer reveals that the officer has no convictions for misdemeanor crimes of domestic violence
The CLEO authority's name
The CLEO authority's title
The CLEO agency Name
Signed by CLEO
When in doubt, complete an ATF Form 4473 and background check.